Sec. 36.203. NATURE AND DURATION OF RECEIVERSHIP. (a) The court may not require a bond from the banking commissioner as receiver.
(b) A reference in this chapter to the receiver is a reference to the banking commissioner as receiver and to any successor in office, the Federal Deposit Insurance Corporation if acting as receiver as provided by Section 36.003 and federal law, or an independent receiver appointed at the request of the banking commissioner as provided by Section 36.004.
(c) The receiver has all the powers of the directors, officers, and shareholders of the bank as necessary to support an action taken on behalf of the bank.
(d) The receiver and all employees and agents acting on behalf of the receiver are acting in an official capacity and are protected by Section 12.106. An act of the receiver is an act of the bank in liquidation. This state or a political subdivision of this state is not liable and may not be held accountable for any debt or obligation of a state bank in receivership.
(e) Section 64.072, Civil Practice and Remedies Code, applies to the receivership of a bank except as provided by this subsection. A bank receivership shall be administered continuously for the length of time necessary to complete its purposes, and a period prescribed by other law limiting the time for the administration of a receivership or of corporate affairs generally, including Section 64.072(d), Civil Practice and Remedies Code, does not apply.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 237 (H.B. 1962), Sec. 53, eff. September 1, 2007.
Structure Texas Statutes
Title 3 - Financial Institutions and Businesses
Chapter 36 - Dissolution and Receivership
Subchapter C. Involuntary Dissolution and Liquidation
Section 36.201. Action to Close State Bank
Section 36.202. Notice and Effect of Closure; Appointment of Receiver
Section 36.203. Nature and Duration of Receivership
Section 36.204. Contest of Liquidation
Section 36.205. Notice of Bank Closing
Section 36.207. Receiver's Title and Priority
Section 36.210. Pending Lawsuit
Section 36.212. Requiring Record or Other Property in Possession of Other Person
Section 36.213. Injunction in Aid of Liquidation
Section 36.215. Executory Contract; Oral Agreement
Section 36.217. Employees of Receiver
Section 36.218. Disposal of Property; Settling of Claim
Section 36.219. Court Order; Notice and Hearing
Section 36.220. Receiver's Report; Expenses
Section 36.221. Court-Ordered Audit
Section 36.222. Safe Deposits and Other Bailments
Section 36.223. Fiduciary Activities
Section 36.224. Disposition and Maintenance of Records
Section 36.225. Records Admitted
Section 36.226. Resumption of Business
Section 36.227. Assets Discovered After Close of Receivership